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Jagdish And Others v. Harendrajit Singh .

Supreme Court Of India
Oct 31, 1985
Smart Summary (Beta)

Factual and Procedural Background

The opinion concerns a special leave petition challenging a High Court order that set aside a trial court order granting bail to the petitioners. The matter reached the Supreme Court under Article 136 of the Constitution of India.

Legal Issues Presented

  1. Whether the Supreme Court should entertain, under Article 136, a special leave petition directed against a High Court order setting aside the grant of bail by the trial court.

Arguments of the Parties

The opinion does not contain a detailed account of the parties' legal arguments.

Table of Precedents Cited

No precedents were cited in the provided opinion.

Court's Reasoning and Analysis

The Court stated that it does not ordinarily entertain, in the exercise of its discretion under Article 136, petitions for special leave to appeal against orders granting, refusing, or cancelling bail or anticipatory bail. It reasoned that such matters are ones where the High Court should be final, and therefore the Supreme Court should not intervene through special leave jurisdiction in the usual course.

Holding and Implications

DISMISSED: The special leave petition was dismissed.

As a direct consequence, the High Court order setting aside the trial court’s grant of bail remained undisturbed. The Court expressed a hope and trust that the trial would be expedited and completed at an early date. The opinion does not indicate that any new precedent was set beyond these observations on the Court’s ordinary practice under Article 136 in bail matters.

Show all summary ...

1. This special leave petition is directed against an order passed by the High Court setting aside the order of the trial court granting bail to the petitioners.

2. This Court does not ordinarily, in the exercise of its discretion under Article 136, entertain petitions for special leave to appeal against orders granting or refusing or cancelling bail or anticipatory bail. These are matters where the High Court should become final and this Court should not entertain petitions for special leave. The special leave petition is dismissed with these observations. We hope and trust that the trial will be expedited and completed at an early date.